Grossberger v. Dixon, et al.
Published: Aug. 9, 2001 | Result Date: Jul. 6, 2001 | Filing Date: Jan. 1, 1900 |Case number: CIV196727 Verdict – $106,909
Judge
Court
Ventura Superior
Attorneys
Plaintiff
Jody C. Moore
(Law Offices of Johnson & Moore)
Defendant
Experts
Plaintiff
Gilbert Abilez
(medical)
Defendant
Stan Rosalansky
(medical)
Facts
On May 7, 2000, the plaintiff encountered a group of young boys, ages 12-14, on his property, whom he believed
to be trespassing. The plaintiff confronted the young boys, who would not identify themselves by name or
address and fled his property on foot. One of the young boys returned with his older brother, defendant Joseph
Dixon, age 17. The plaintiff emerged from his home with a camera and drove to where the boys were located
so that he could take a picture to identify the trespassers to the police.
A confrontation ensued between the plaintiff and defendant Joseph Dixon, during which the plaintiff put a key
with point protruding in his fist as a weapon. The defendant hit the plaintiff in response and both ended up on
the ground in mutual combat. The plaintiff was kicked in the head at least once.
The defendant claimed to be acting in self defense.
Settlement Discussions
The plaintiff demanded $65,000. The defendant offered $10,000.
Injuries
The plaintiff sustained a concussion, fractured teeth, tinnitus, black eyes and scarring and claimed emotional distress, fear and humiliation. The plaintiff made no claim of past or future loss of earnings or earning capacity. The plaintiff also made no claim of future medical expenses.
Other Information
The jury determined that the defendant was 77.5 percent comparatively liable and that the plaintiff was 22.5 percent comparatively liable.
Deliberation
two days
Poll
12-0 (negligence)
Length
five days
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